[1558] Mor 7935
Subject_1 KIRK PATRIMONY.
Subject_2 SECT. I. Nature of this species of Property.
Date: Parson of Muckarsie
v.
Abercromby
26 March 1558
Case No.No 5.
When tacks are let by kirkmen for no longer than five years, their successors are bound to maintain the tenants in possession.
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Anent the action pursued by the Parson of Muckarsie against Mr William Abercromby for reduction of a letter of tack for the space of five years, set by the said Parson's predecessor for the said parsonage, it was alleged by the said Parson, That the said tack should be reduced, because his predecessor might set but three years by the law, and, at the least, he was not obliged to keep any tack set by his predecessor for more years than three; which allegeance was repelled, and found by the Lords that a parson may set his benefice for five years, and his successors to keep the same.
*** Balfour reports this case: A persoun may set five zeiris takkis and assedatiounis of his benefice, and of the fruitis thairof, bot not of his manse; and his successour is bund and oblist to warrand the samin. And mairover, gif the setter happinis to deceis befoir the ishe of the takkis, his successour may not seik ony farther dewtie fra the takkismen than that quhilk is contenit in the tak, untill the zeiris and termis specifyit thairin be fullie outrun and completit.
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